New Labor Code available on Official Gazette issues Nos 125-129 of 2019

Updated: 16:30’ - 22/04/2020

Available on Official Gazette issues Nos 125-129 of 2019, the revised Labor Code, with 220 articles arranged in 17 chapters, contains several significant changes compared to its 2012 version.

Under the new Labor Code, employees may unilaterally terminate their labor
contracts at any time and without reason__Photo: Internet

According to the new Code, numbered 45/2019/QH14, from the early next year, the retirement age will be adjusted according to a roadmap until it reaches 62 by 2028 for male workers and 60 by 2035 for female workers.

Specifically, in 2021, the retirement age will be full 60 years and three months, for men, or full 55 years and four months, for women and then will rise by three months or four months every year, for male workers or female workers, respectively.

The new Code adds several provisions applicable to employees, in a bid to better protect workers’ rights.

Worthy of note, employees will be allowed to unilaterally terminate their labor contracts at any time and without reason. They will only have to inform their employers of the intention to quit jobs at least 45 days in advance, if working under indefinite-term contracts, and 30 days, if working under definite-term contracts of 12-36 months.

Under the new Code, employers may neither restrict, nor intervene into, employees’ decision on how to spend their wages expenditure. Particularly, employers are prohibited from forcing employees to buy goods produced or services provided by themselves or other units they designate.

Another salient point is the replacement of the current Code’s provision on “monetary bonuses” with that on “bonuses”. Accordingly, employers may give bonuses to employees in the forms of money, assets or any other forms, depending on enterprises’ production and business results as well as employees’ performance outcomes.-